Sentencing Range
In all cases, the offense of aggravated assault is a felony. Except in unique cases as described in the statute, in most cases a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
I Didn't Point The Gun At Anybody. Can They Still Charge Me With Aggravated Assault?
It depends. Remember, each case is different and has their own particular facts and circumstances. The object used is in these types of cases is an important component to analyze, as well as determining how that object was used. But remember, another important factor to look at is how the alleged victim perceived the event. Recall the offense of simple assault. One of the elements that the State has to prove is that a person placed the victim in reasonable apprehension of immediately receiving a violent injury. Therefore, the manner in which the object is used becomes critical. Walking by another person with a gun in your waistband is obviously quite different than pressing a loaded firearm against the temple of another person. The State has the burden of proving their case, not you, so it will be their duty to demonstrate to a jury that the alleged victim was in fear of getting violently injured.
The Gun I Was Holding Wasn't Even Loaded. Why Was I Charged With Aggravated Assault?
You can be charged with aggravated assault under these circumstances because it depends on how the alleged victim perceived the event and whether he or she was in reasonable fear of immediately receiving a violent injury. Georgia courts have held that an unloaded gun pointed at another in a threatening manner is a deadly weapon for purposes of being charged with aggravated assault. Also, when it reasonably appears to an assault victim that the firearm is or might be loaded, then the assailant should be held to consequences of using a deadly weapon whether or not the weapon in fact is loaded. Daughtry v. State, 180 Ga. App. 711 (1986) and Adsitt v. State, 248 Ga. 237 (1981).
I Wasn't Even Holding A Deadly Weapon. Why Was I Charged With Aggravated Assault?
Recall the wording of the criminal statute. A person can certainly be charged with aggravated assault if the object is used in a manner that is likely to or does result in serious bodily injury, even if that object is not traditionally viewed as a 'deadly weapon.' Consider this as an example: a person picks up a large glass bottle and throws it at the head of another. The individual ducks out of the way and the bottle flies by. While the bottle itself may not be considered a deadly weapon, a bottle that strikes a person on the head is likely to cause serious bodily injury.
And for those people who have pellet guns or BB guns-take note. A person can be charged with aggravated assault if he merely points a toy gun or a replica of a gun at another person. Again, the important thing to focus on is whether the alleged victim could have reasonably believed that the BB gun or replica was a real gun, capable of inflicting serious physical injury. Clark v. State, 191 Ga. App. 386 (1989), Mitchell v. State, 222 Ga. App. 866 (1996), Butts v. State, 153 Ga. App. 464 (1980) and Jackson v. State, 270 Ga. App. 166 (2004).
Strangulation
Finally, cases may often involve a charge of aggravated assault where the basis of that charge is strangulation. A majority of these types of cases involve spouses, former spouses, or household members. Georgia law used to provide a definition for the term "strangulation," which was: impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person. Georgia law no longer has an official legal definition for the term, so that question is normally reserved for a jury to answer. However, the question largely depends on the specific facts and circumstances of each case. In cases that involve a loss of consciousness, visible marks to the neck area, or testimony that a person was not able to breath for a period of time, the State will have a much better case to prosecute.
